Questions and Answers about Litigation Proceedings in UAE

1-How long does it takes for a decision in a labor case to be executed?

- one week after the date on which the decision is made.

2. How can a woman execute a POA to appoint her husband as her agent?

- She has to go to the division of personal status services, with her legal guardian to transact the POA. She shall have her passport (or ID for nationals), or a marriage agency endorsed by her legal guardian if he is outside the UAE.

3. How can an Egyptian woman obtain a certifi­cate for verification of absence?

She shall print the relevant application and bring a personal status claim at the division of registration, under the name of “verification of absence”.

4. Is a true copy of the passport required for those living outside the UAE?

This is irrelevant to the jurisdiction of the court. A person shall endorse the copy from the General Directorate of Residency and Foreigners Affairs, and the Ministry of Foreign Affairs.

5. In case a POA is cancelled, shall the agent be noti­fied?

For a POA to be cancelled, the following documents are re­quired:

A copy of the POA, if any.

ID for nationals

Notary public of the Department of Economic Development: the principal shall sign an acknowledgement to notify the agent.

Notary Public of Tawar office: The agent shall be notified through a minute.

6. Are there any payable fees if the notary pub­lic moves to the place of residence to complete the transaction? Do they apply also to VIPs?

Only AED 100 shall be paid in case the notary public has to visit patients in hospitals and disabled people in their houses, after the medical report is provided and the woman serving her waiting pe­riod. In other cases, the same fee applies to sheikhs in Dubai,

ministers, directors of governmental departments in Dubai, and the renowned public figures. The jurisdiction is limited to the Emir­ate of Dubai.

7. Shall people with no ID obtain a non-work cer­tificate from the Notary Public?

Yes, a non-work acknowledgement may be endorsed for those who have no ID, provided that the authority requiring such an ac­knowledgement be specified.

8. May the Tunisian consulate in the UAE approve a POA from a Tunisian national to open a case and review the same issue in courts? May the courts accept that?

Yes, courts accept that the consulate acts as an agent in a case.

9. Shall a father obtain an NOC for his son to hold the UAE nationality at the Notary Public’s office?

An NOC is issued by the department of personal status. However, if the mother is non-national, the NOC shall be issued by the Notary Public.

10. What are the services provided by the Notary Public at the head office and the different offices (Barsha, Tawar, and the Department of Economic Development)?

The head office endorses judicial warnings for attorneys, endors­es POAs in cases for attorneys if the case is scheduled to be re­viewed on the same day, endorses assignments of cases and ac­tions reviewed by the public prosecution, courts or police centers, and transports officials to Rashid hospital and nearby areas. Other branches, however, provide all the abovementioned services and make all other endorsements approved by the Notary Public.

11. May a statement of indebtedness be executed to document the debts payable by persons? May a judicial warning be issued if the other party fails to make the relevant payment?

Yes

12. May a penal claim be instituted in case there is a statement of indebtedness?

No, but a civil claim may be made instead.

13. What are the costs and fees of civil and com­mercial claims ?

If the value of claim is less than AED 100 (one hundred dirhams), or does not include an application of no estimated value, then it is a summary claim.

If the value of claim exceeds AED 100, or includes an application of no estimated value, then it is a total-bench claim. A fee of 7.5 of the value of claim shall be paid. For claims with no estimated value, AED 750 shall be paid (e.g. the appointment of expert, restoration of passport, cancellation of a trade mark). Summary claims require AED 500. Minimum fees are AED 10 and maximum fees are AED 30,000.

14. When shall hearings be scheduled?

Hearings are scheduled according to the address of the de­fendant; if it resides within the Emirate, then a hearing shall be scheduled within 10- 20 days. However, if the defendant is domiciled outside the Emirate, and there is a notification for a public authority in Dubai, then the hearing shall be scheduled within 15- 30 days.

If the defendant lives in another, Arab or neighboring, country, the hearing shall be scheduled after 3 months. For relatively distant countries, a period of 6 months shall be allowed.

15. What are the fees of summary claims ?

AED 500

16. What are the requirements for the endorse­ment of contracts ?

The contracts shall be typed in Arabic.

The relevant parties, or their agents, shall attend.

The original ID, and a copy thereof, shall be provided.

An initial approval shall be obtained from the relevant authority.

17. What are the requirements of sale contracts and the appendices thereof ?

The contracts shall be typed in Arabic.

The relevant parties, or their agents, shall attend.

An original ID, and a copy thereof, shall be provided.

An initial approval of sale shall be obtained for some businesses.

An original driving license and a list of shareholders, plus a copy  of both, shall be provided.

The articles of association, and its original appendices if any, shall be provided, plus a copy thereof.

18. What are the requirements of a POA?

The instrument shall be typed in Arabic.

The relevant parties, or their agents, shall attend.

An original ID, and a copy thereof, shall be provided.

Instruments establishing the capacity, and a copy thereof, shall be submitted.

19. What are the procedures to be followed in com­mercial agencies?

The original license and a list of partners, and a copy thereof, shall be provided.

The articles of association, and its original appendices if any, shall be provided, plus a copy thereof.

20. What are the procedures to be followed for executing POAs for inheritors?

The original statement of heirs, and a copy thereof, shall be sub­mitted.

If there are minors, their passports shall be attached and the ap­proval of the competent authority shall be obtained.

If a minor reaches the age of maturity, the relevant statement of adultness and cancellation of custodianship shall be submitted.

21. What are the requirements of an acknowl­edgement ?

An acknowledgement shall be written in Arabic.

The relevant party, or the agent thereof, shall attend personally.

The original ID, and a copy thereof, shall be submitted.

Statements showing the party’s capacity, and a copy thereof, shall be submitted.

22. How shall minutes of meetings be endorsed ?

A minute shall be typed in Arabic.

The relevant parties, or the agents thereof, shall be present.

The original ID, and a copy thereof, shall be submitted.

The party shall provide its license, the articles of association of the company, a list of shareholders, and a copy of each.

 23. What are the established procedures of cath­olic marriage contracts in Dubai?

Two original certificates of marriage shall be submitted.

The photos of the husband and wife shall be provided.

The certificate shall be translated into Arabic and shall be legally endorsed.

24. How shall the date be documented?

- An Arabic application for date documentation shall be provided.

- The original instrument, and one or more copies, shall be at­tached.

- The original ID, and a copy thereof, shall be submitted.

25. How shall a translation be certified ?

- The translator shall be present.

- The license issued by the Ministry of Justice, and a copy thereof, shall be shown.

- The Arabic translation, and the original foreign instrument en­dorsed by the UAE Foreign Ministry, shall be provided.

Passengers flying to India must self-declare jewellery, bullion and currency exceeding Rs10,000

New Delhi: The Times of India reported that new customs rules to be implemented from next month will require all passengers flying into India to self-declare currency exceeding Rs10,000, gold jewellery and gold bullion in their possession and also be required to declare number of baggage, including hand-carried baggage, while entering into India. 

The Customs Baggage Declaration (Amendment) Regulations of 2014 require an Indian citizen to fill up the immigration form only when he or she goes out of the country. Indian citizens returning from abroad are not required to fill up the form, it added.The rules will kick in on March 1, according to a finance ministry notice dated February 10.

Gold mules, duty fraud

The new form will ask for details different from the immigration card (detachable perforated strip) currently in use, with new fields added to declare dutiable and prohibited goods.

The move is aimed to help airport authorities check customs duty fraud. More importantly, it will keep tabs of gold jewellery and bullion being brought into the country, say officials.he Indian government has raised the ante on passengers who work as gold mules. India, the world’s second-biggest gold importer after China, imposed further controls on domestic gold consumption, raising import duty on bullion from 8 per cent to 10 last year.

The gold import curbs and increased taxes dried up demand after Indians went on a gold buying spree following a slump in world gold prices in April last year – which blew a bigger hole in the country’s current-account deficit and led to rupee’s slide. A lion’s share of India's gold demand comes from imports, denominated in dollars.

Earlier, it was announced that all passengers arriving at the country’s 19 international airports must fill out a new detailed customs form starting January 1, 2014. It was not immediately clear if the January 1 target had been moved to March 1.

Now, the form will ask in-bound passengers to specifically declare prohibited goods and dutiable items, including gold jewellery, gold bullion and Indian currency exceeding the permitted limit.

Indian Customs allow male passengers to carry gold worth up to Rs50,000 (Dh3,400) and female passengers twice as much. The currency limit for Indian citizens is set at Rs7,500 (Dh510). Non-resident Indians can take foreign exchange, but they have to declare amounts exceeding $5,000 or equivalent or when the aggregate value of foreign exchange (banknotes, travellers cheques) exceeds $10,000.

“For the first time, travellers would be asked to specifically declare any prohibited articles, gold jewellery (over free allowance), gold bullion and Indian currency exceeding Rs10,000 in the new form,” the report said, quoting an unnamed official.

Other details

Moreover, the passport number must be mentioned on the new form -- a detail not required earlier -- as well as countries visited by a passenger in the past six days, the report said.

“Old fields like declaration of satellite phone, foreign currency exceeding $5,000 or equivalent, aggregate value of foreign exchange including currency exceeding $10,000 or equivalent, meat, meat products, dairy products, fish or poultry products and seeds, plants, fruits, flowers and other planting material have been retained in the new format,” it said.

Dubai Police radar limit on major roads

As traffic conditions continue to plague daily commuters across Dubai, the statistics paint a grim picture with excessive speeding resulting in 42 traffic accidents, resulting in the deaths of five people and injuring another 35 in 2013 alone.To avoid further confusion, Dubai Police released an updated list of speed limits on major roads across the emirate, along with the radar setting speed that will have you facing a heavy fine if crossed.

Major highways, including Sheikh Mohammed bin Zayed Road, Emirates Road, Dubai-Al Ain Road, Hatta Road, the Lahbab Road and the Aweer-Lahbab Road, all have a maximum speed limit of 120kmph.

The radar setting for these roads have been set at 141kmph, the speed following which your car will be captured on camera.


For a complete list of road speed limits, see the table below.

Sharjah Executive Council (SEC) granted 60-day maternity leave to mothers and 3-day paid leave for fathers

Mothers in Sharjah will be granted a 60-day maternity leave, announced the Sharjah Executive Council (SEC) on Saturday. This applies to all residents in Sharjah.

Tariq Sultan bin Khadim, Member of the Sharjah Executive Council (SEC) lauded the SEC decision granting non Emirati mothers a maternity leave for 60 days with pay in implementation to the directives by His Highness Dr. Sheikh Sultan bin Mohammed Al Qasimi, Supreme Council Member and Ruler of Sharjah.

Previously, expat mothers were granted a 45-day maternity leave, while Emirati mothers would be able to take a paid leave for 60 days after giving birth.

Commending the gesture of Ruler of Sharjah, Khadim added that the move aims to give the expatriate mothers their natural right to look after their babies.

The male employees whom their wives deliver babies in and outside UAE are entitled to the fatherhood leave for three days with pay.

Sharjah is the first emirate to implement the extended maternity leave, as all other emirates apply a 45-day leave in line with the UAE Labor Law. Furthermore, paternity leave is not included in the Law.

“A working woman is entitled to 45 days maternity leave with full pay which includes the period before and after the delivery, provided she has served continuously for not less than one year.

The maternity leave is granted with half pay if the woman has not completed one year of service. At the end of the maternity leave, a working woman has the right to extend her maternity leave for a maximum period of l0 days without pay,” states the Law.

It further reads: “During the 18 months following delivery, a female employee who nurses her child has the right to have two daily intervals which do not exceed half an hour each for the purpose of nursing her child. These additional intervals are considered part of her working hours and no deduction in wages can be made.”

India to issue visa-on-arrival facility to 180 countries

India tightened entry restrictions in 2009 in the wake of revelations that David Headley, a foreign militant who helped plot the 2008 attacks in Mumbai, regularly stayed in India on long-term tourist visas.
Taking a much appreciated move, Indian officials decided to extend visa-on arrival to tourists of all nations, as it looks to boost tourism. Rajeev Shukla, the Planning Minister, on Wednesday, Feb 5 informed that only eight countries will not be allowed to apply for the same. According to sources, the eight countries are -- Pakistan, Sudan, Afghanistan, Iran, Iraq, Nigeria, Sri Lanka and Somalia. The minister, however, refused to give any details of reason(s) for which the nationals of above mentioned countries will be barred from this facility.
Reports from India say the visa on arrival facility includes citizens of the United Arab Emirates.Most foreigners currently have to wait several weeks before learning whether they will be allowed to enter India after submitting their applications at visa processing centres, a major deterrent for potential visitors.

Under the new scheme, many tourists will be allowed to apply online and then receive the green light within five days, before picking up their visa at the airport on arrival into India.
"We have decided to extend the visa-on-arrival facility to tourists from 180 nations," Planning Minister Rajiv Shukla told reporters in the capital late Wednesday.
"The facility will provide a major boost to the country's tourism sector. This is historic," Shukla said.
Visitors from countries which account for the bulk of India's tourists -- such as the United States, Britain and France -- that have had to go through the time-consuming process of applying in person will be among those to benefit from the changes to regulations.

A meeting of top foreign ministry, tourism and other government officials on Wednesday cleared the way for the changes, which were also recently approved by the India's intelligence agencies.
The changes were first mooted last October, although only for 40 countries.
The government hopes to have the necessary infrastructure in place, including at the country's airports, by October in time for the start of the peak tourist season, local media reported Thursday.
India currently issues visas on arrival to visitors from 11 foreign nations, including Japan, Finland and Indonesia.
Despite its cultural attractions, beaches and mountains, India attracts relatively few foreign holidaymakers -- 6.58 million in 2012, which was about a quarter of Thailand or Malaysia.